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DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 218

OREGON TITLE V OPERATING PERMITS

340-218-0010

Policy and Purpose

These rules establish a program to implement
Title V of the FCAA for the State of Oregon as part of the overall industrial source
control program:

(1) All sources subject to
this division shall have an Oregon Title V Operating Permit that assures compliance
by the source with all applicable requirements in effect as of the date of permit
issuance.

(2) The requirements of the
Oregon Title V Operating Permit program, including provisions regarding schedules
for submission and approval or disapproval of permit applications, shall apply to
the permitting of affected sources under the national acid rain program, except
as provided herein.

(3) All sources subject to
this division are exempt from the following:

(a) Registration as required
by ORS 468A.050 and OAR 340-210-0100 through 340-210-0120; and

(A) Oregon Title V Operating
Permits do not replace requirements in an Air Contaminant Discharge Permit issued
to the source even if the ACDP has expired. For a source operating under a Title
V Permit, requirements established in an earlier ACDP remain in effect notwithstanding
expiration of the ACDP or the Title V permit, unless a provision expires by its
terms or unless a provision is modified or terminated following the procedures used
to establish the requirement initially.

(B) Source specific requirements,
including, but not limited to TACT, RACT, BACT, and LAER requirements, established
in an ACDP must be incorporated into the Oregon Title V Operating Permit and any
revisions to those requirements must follow the procedures used to establish the
requirements initially.

(4) Subject to the requirements
in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement
the rules in this division within its area of jurisdiction.

(1) Except as provided in section (4),
this division applies to the following sources:

(a) Any major source;

(b) Any source, including
an area source, subject to a standard, limitation, or other requirement under section
111 of the FCAA;

(c) Any source, including
an area source, subject to a standard or other requirement under section 112 of
the FCAA, except that a source is not required to obtain a permit solely because
it is subject to regulations or requirements under section 112(r) of the FCAA;

(d) Any affected source under
Title IV; and

(e) Any source in a source
category designated by the EQC pursuant to this rule.

(2) The owner or operator
of a source with an Oregon Title V Operating Permit whose potential to emit later
falls below the emission level that causes it to be a major source, and which is
not otherwise required to have an Oregon Title V Operating Permit, may submit a
request for revocation of the Oregon Title V Operating Permit. Granting of the request
for revocation does not relieve the source from compliance with all applicable requirements
or ACDP requirements.

(3) Synthetic minor sources.

(a) A source which would
otherwise be a major source subject to this division may choose to become a synthetic
minor source by limiting its emissions below the emission level that causes it to
be a major source through limits contained in an ACDP issued by DEQ under 340 division
216.

(b) The reporting and monitoring
requirements of the emission limiting conditions contained in the ACDPs of synthetic
minor sources issued by DEQ under OAR 340-216 must meet the requirements of OAR
340-212-0010 through 340-212-0150 and division 214.

(c) Synthetic minor sources
who request to increase their potential to emit above the major source emission
rate thresholds will become subject to this division and must submit a permit application
under OAR 340-218-0040 and obtain an Oregon Title V Operating Permit before increasing
emissions above the major source emission rate thresholds.

(d) Synthetic minor sources
that exceed the limitations on potential to emit are in violation of OAR 340-218-0020(1)(a).

(4) Source category exemptions.

(a) All sources listed in
340-218-0020(1) that are not major sources, affected sources, or solid waste incineration
units required to obtain a permit pursuant to section 129(e) of the FCAA are not
required to obtain a Title V permit, except non-major sources subject to a standard
under section 111 or section 112 of the FCAA promulgated after July 21, 1992 are
required to obtain a Title V permit unless specifically exempted from the requirement
to obtain a Title V permit in section 111 or 112 standards.

(b) The following source
categories are exempted from the obligation to obtain an Oregon Title V Operating
Permit:

(A) All sources and source
categories that would be required to obtain a permit solely because they are subject
to 40 CFR part 60, subpart AAA — Standards of Performance for New Residential
Wood Heaters; and

(B) All sources and source
categories that would be required to obtain a permit solely because they are subject
to 40 CFR part 61, subpart M — National Emission Standard for Hazardous Air
Pollutants for Asbestos, section 61.145, Standard for Demolition and Renovation.

(c) Any source listed in
OAR 340-218-0020(1) exempt from the requirement to obtain a permit under this rule
may opt to apply for an Oregon Title V Operating Permit.

(5) Emissions units and Oregon
Title V Operating Permit program sources. DEQ will include in the permit all applicable
requirements for all relevant emissions units in the Oregon Title V Operating Permit
source, including any equipment used to support the major industrial group at the
site.

(6) Fugitive emissions. Fugitive
emissions from an Oregon Title V Operating Permit program source must be included
in the permit application and the permit in the same manner as stack emissions,
regardless of whether the source category in question is included in the list of
sources contained in the definition of major source.

(7) Insignificant activity
emissions. All emissions from insignificant activities, including categorically
insignificant activities and aggregate insignificant emissions, must be included
in the determination of the applicability of any requirement.

(8) Oregon Title V Operating
Permit program sources that are required to obtain an ACDP, OAR 340 division 216,
or a Notice of Approval, OAR 340-210-0205 through 340-210-0250, because of a Title
I modification, must operate in compliance with the Oregon Title V Operating Permit
until the Oregon Title V Operating Permit is revised to incorporate the ACDP or
the Notice of Approval for the Title I modification.

[Publications: Publications referenced
are available from the agency.]

The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.

(1) Duty to apply. For each Oregon Title
V Operating Permit program source, the owner or operator must submit a timely and
complete permit application using this rule:

(a) Timely application:

(A) A timely application
for a source that is in operation as of the effective date of the Oregon Title V
Operating Permit program is one that is submitted 12 months after the effective
date of the Oregon Title V Operating Permit program in Oregon or on or before such
earlier date as DEQ may establish. If an earlier date is established, DEQ will provide
at least six (6) months for the owner or operator to prepare an application. A timely
application for a source that is not in operation or that is not subject to the
Oregon Title V Operating Permit program as of the effective date of the Oregon Title
V Operating Permit program is one that is submitted within 12 months after the source
becomes subject to the Oregon Title V Operating Permit program.

(B) Any Oregon Title V Operating
Permit program source required to have obtained a permit prior to construction under
the ACDP program, OAR 340 division 216; New Source Review program, OAR 340 division
224; or the Notice of Construction and Approval of Plans rules, 340-210-0205 through
340-210-0250, must file a complete application to obtain the Oregon Title V Operating
Permit or permit revision within 12 months after commencing operation. Commencing
operation will be considered initial startup. Where an existing Oregon Title V Operating
Permit would prohibit such construction or change in operation, the owner or operator
must obtain a permit revision before commencing operation;

(C) Any Oregon Title V Operating
Permit program source owner or operator must follow the appropriate procedures under
this division prior to commencement of operation of a source permitted under the
Notice of Construction and Approval of Plans rules, OAR 340-210-0205 through 340-0210-0250;

(D) For purposes of permit
renewal, a timely application is one that is submitted at least 12 months prior
to the date of permit expiration, or such other longer time as may be approved by
DEQ that ensures that the term of the permit will not expire before the permit is
renewed. If more than 12 months is required to process a permit renewal application,
DEQ will provide no less than six (6) months for the owner or operator to prepare
an application. In no event will this time be greater than 18 months;

(E) Applications for initial
phase II acid rain permits must be submitted to DEQ by January 1, 1996 for sulfur
dioxide, and by January 1, 1998 for nitrogen oxides;

(F) Applications for Compliance
Extensions for Early Reductions of HAP must be submitted before proposal of an applicable
emissions standard issued under section 112(d) of the FCAA and must comply with
OAR 340-244-0100.

(b) Complete application:

(A) To be deemed complete,
an application must provide all information required pursuant to section (3), except
applications for permit renewal only need to include information that has changed
since issuance of the last permit and applications for permit revision only need
to include information related to proposed changes. The application must include
three (3) copies of all required forms and exhibits in hard copy and one (1) copy
in electronic format as specified by DEQ. Information required under section (3)
must be sufficient to evaluate the subject source and its application and to determine
all applicable requirements. A responsible official must certify the submitted information
under section (5);

(B) Applications which are
obviously incomplete, unsigned, or which do not contain the required exhibits, clearly
identified, will not be accepted by DEQ for filing and will be returned to the applicant
for completion;

(C) If DEQ determines that
additional information is necessary before making a completeness determination,
it may request such information in writing and set a reasonable deadline for a response.
The application will not be considered complete for processing until the adequate
information has been received. When the information in the application is deemed
adequate, the applicant will be notified that the application is complete for processing;

(D) Unless DEQ determines
that an application is not complete within 60 days of receipt of the application,
such application will be deemed to be complete, except as otherwise provided in
OAR 340-218-0120(1)(e). If, while processing an application that has been determined
or deemed to be complete, DEQ determines that additional information is necessary
to evaluate or take final action on that application, it may request such information
in writing and set a reasonable deadline for a response. If the additional information
is not provided by the deadline specified, the application will be determined to
be incomplete, and the application shield will cease to apply;

(E) Applications determined
or deemed to be complete will be submitted by DEQ to the EPA as required by OAR
340-218-0230(1)(a);

(F) The source's ability
to operate without a permit, as set forth in 340-218-0120(2), will be in effect
from the date the application is determined or deemed to be complete until the final
permit is issued, provided that the applicant submits any requested additional information
by the deadline specified by DEQ.

(2) Duty to supplement or
correct application. Any applicant who fails to submit any relevant facts or who
has submitted incorrect information in a permit application must, upon becoming
aware of such failure or incorrect submittal, promptly submit such supplementary
facts or corrected information. In addition, an applicant must provide additional
information as necessary to address any requirements that become applicable to the
source after the date it filed a complete application but prior to release of a
draft permit.

(3) Standard application
form and required information. Applications must be submitted on forms and in electronic
formats specified by DEQ. Information as described below for each emissions unit
at an Oregon Title V Operating Permit program source must be included in the application.
An application may not omit information needed to determine the applicability of,
or to impose, any applicable requirement, including those requirements that apply
to categorically insignificant activities, or to evaluate the fee amount required.
The application must include the elements specified below:

(a) Identifying information,
including company name and address, plant name and address if different from the
company's name, owner's name and agent, and telephone number and names of plant
site manager/contact;

(b) A description of the
source's processes and products by Standard Industrial Classification Code including
any associated with each alternative operating scenario identified by the owner
or operator and related flow chart;

(c) The following emissions-related
information for all requested alternative operating scenarios identified by the
owner or operator:

(A) All emissions of regulated
pollutants for which the source is major, all emissions of regulated pollutants
and all emissions of regulated pollutants listed in OAR 340-244-0040. A permit application
must describe all emissions of regulated pollutants emitted from any emissions unit,
except where such units are exempted under section(3). DEQ may require additional
information related to the emissions of regulated pollutants sufficient to verify
which requirements are applicable to the source, and other information necessary
to collect any permit fees owed;

(B) Identification and description
of all points of emissions described in paragraph (3)(c)(A) in sufficient detail
to establish the basis for fees and applicability of requirements of the FCAA and
state rules;

(C) Emissions rates in tons
per year and in such terms as are necessary to establish compliance consistent with
the applicable standard reference test method and to establish PSELs for all regulated
pollutants except as restricted by OAR 340-222-0035 and 340-222-0060:

(i) If a short term PSEL
is required, an applicant may request that a period longer than daily be used for
the short term PSEL provided that the requested period is consistent with the means
for demonstrating compliance with any other applicable requirement and the PSEL
requirement, and:

(I) The requested period
is no longer than the shortest period of the Ambient Air Quality Standards for the
regulated pollutant or daily for VOC and NOx; or

(II) The applicant demonstrates
that the requested period, if longer than the shortest period of the Ambient Air
Quality Standards for the regulated pollutant, is the shortest period compatible
with source operations but no longer than monthly.

(ii) The requirements of
the applicable rules must be satisfied for any requested increase in PSELs, establishment
of baseline emissions rates, requested emission reduction credit banking, or other
PSEL changes.

(D) Additional information
as determined to be necessary to establish any alternative emission limit under
OAR 340-226-0400, if the permit applicant requests one;

(E) The application must
include a list of all categorically insignificant activities and an estimate of
all emissions of regulated pollutants from those activities which are designated
insignificant because of aggregate insignificant emissions. Owners or operators
that use more than 100,000 pounds per year of a mixture that contains not greater
than 1% by weight of any chemical or compound regulated under divisions 200 through
268 of this chapter, and not greater than 0.1% by weight of any carcinogen listed
in the U.S. Department of Health and Human Service's Annual Report on Carcinogens
must contact the supplier and manufacturer of the mixture to try and obtain information
other than Material Safety Data Sheets in order to quantify emissions;

(F) The following information
to the extent it is needed to determine or regulate emissions: fuels, fuel sulfur
content, fuel use, raw materials, production rates, and operating schedules;

(G) Any information on pollution
prevention measures and cross-media impacts the owner or operator wants DEQ to consider
in determining applicable control requirements and evaluating compliance methods;
and

(H) Where the operation or
maintenance of air pollution control devices and emission reduction processes can
be adjusted or varied from the highest reasonable efficiency and effectiveness,
information necessary for DEQ to establish operational and maintenance requirements
under OAR 340-226-0120(1) and (2);

(I) Identification and description
of air pollution control devices, including estimated efficiency of the control
devices, and compliance monitoring devices or activities;

(J) Limitations on source
operation affecting emissions or any work practice standards, where applicable,
for all regulated pollutants at the Oregon Title V Operating Permit program source;

(K) Other information required
by any applicable requirement, including information related to stack height limitations
developed pursuant to OAR 340-212-0130;

(L) Calculations on which
the information in items (A) through (K) is based.

(d) A plot plan showing the
location of all emissions units identified by Universal Transverse Mercator or "UTM"
as provided on United States Geological Survey maps and the nearest residential
or commercial property;

(e) The following air pollution
control requirements:

(A) Citation and description
of all applicable requirements; and

(B) Description of or reference
to any applicable test method for determining compliance with each applicable requirement.

(f) The following monitoring,
recordkeeping, and reporting requirements:

(A) All emissions monitoring
and analysis procedures or test methods required under the applicable requirements,
including OAR 340-212-0200 through 340-212-0280;

(B) Proposed periodic monitoring
to determine compliance where an applicable requirement does not require periodic
testing or monitoring;

(C) The proposed use, maintenance,
and installation of monitoring equipment or methods, as necessary;

(D) Documentation of the
applicability of the proposed monitoring protocol, such as test data and engineering
calculations;

(E) Proposed consolidation
of reporting requirements, where possible;

(F) A proposed schedule of
submittal of all reports; and

(G) Other similar information
as determined by DEQ to be necessary to protect human health or the environment
or to determine compliance with applicable requirements.

(g) Other specific information
that may be necessary to implement and enforce other applicable requirements of
the FCAA or state rules or of this division or to determine the applicability of
such requirements;

(h) An explanation of any
proposed exemptions from otherwise applicable requirements.

(i) A copy of any existing
permit attached as part of the permit application. Owners or operators may request
that DEQ make a determination that an existing permit term or condition is no longer
applicable by supplying adequate information to support such a request. The existing
permit term or condition will remain in effect unless or until DEQ determines that
the term or condition is no longer applicable by permit modification.

(j) Additional information
as determined to be necessary by DEQ to define permit terms and conditions implementing
off-permit changes for permit renewals;

(k) Additional information
as determined to be necessary by DEQ to define permit terms and conditions implementing
section 502(b)(10) changes for permit renewals;

(l) Additional information
as determined to be necessary by DEQ to define permit terms and conditions implementing
emissions trading under the PSEL including but not limited to proposed replicable
procedures and permit terms that ensure the emissions trades are quantifiable and
enforceable if the applicant requests such trading;

(m) Additional information
as determined to be necessary by DEQ to define permit terms and conditions implementing
emissions trading, to the extent that the applicable requirements provide for trading
without a case-by-case approval of each emissions trade if the applicant requests
such trading;

(n) A compliance plan that
contains all the following:

(A) A description of the
compliance status of the source with respect to all applicable requirements.

(B) A description as follows:

(i) For applicable requirements
with which the source is in compliance, a statement that the source will continue
to comply with such requirements.

(ii) For applicable requirements
that will become effective during the permit term, a statement that the source will
meet such requirements on a timely basis.

(iii) For requirements for
which the source is not in compliance at the time of permit issuance, a narrative
description of how the source will achieve compliance with such requirements.

(C) A compliance schedule
as follows:

(i) For applicable requirements
with which the source is in compliance, a statement that the source will continue
to comply with such requirements;

(ii) For applicable requirements
that will become effective during the permit term, a statement that the source will
meet such requirements on a timely basis. A generic statement that the source will
meet in a timely manner applicable requirements that become effective during the
permit term will satisfy this provision, unless a more detailed schedule is expressly
required by the applicable requirement;

(iii) A schedule of compliance
for sources that are not in compliance with all applicable requirements at the time
of permit issuance. Such a schedule will include a schedule of remedial measures,
including an enforceable sequence of actions with milestones, leading to compliance
with any applicable requirements for which the source will be in noncompliance at
the time of permit issuance and interim measures to be taken by the source to minimize
the amount of excess emissions during the scheduled period. This compliance schedule
must resemble and be at least as stringent as that contained in any judicial consent
decree or administrative order to which the source is subject. Any such schedule
of compliance must be supplemental to, and must not sanction noncompliance with,
the applicable requirements on which it is based.

(D) A schedule for submission
of certified progress reports no less frequently than every 6 months for sources
required to have a schedule of compliance to remedy a violation.

(E) The compliance plan content
requirements specified in this section will apply and be included in the acid rain
portion of a compliance plan for an affected source, except as specifically superseded
by regulations promulgated under Title IV of the FCAA with regard to the schedule
and method the source will use to achieve compliance with the acid rain emissions
limitations.

(o) Requirements for compliance
certification, including the following:

(A) A certification of compliance
with all applicable requirements by a responsible official consistent with section
(5) and section 114(a)(3) of the FCAA;

(B) A statement of methods
used for determining compliance, including a description of monitoring, recordkeeping,
and reporting requirements and test methods;

(C) A schedule for submission
of compliance certifications during the permit term, to be submitted no less frequently
than annually, or more frequently if specified by the underlying applicable requirement
or by DEQ; and

(D) A statement indicating
the source's compliance status with any applicable compliance assurance monitoring
and compliance certification requirements of the FCAA or state rules.

(p) A Land Use Compatibility
Statement (LUCS), if applicable, to assure that the type of land use and activities
in conjunction with that use have been reviewed and approved by local government
before a permit is processed and issued.

(q) The use of nationally
standardized forms for acid rain portions of permit applications and compliance
plans, as required by regulations promulgated under Title IV of the FCAA.

(r) For purposes of permit
renewal, the owner or operator must submit all information as required in section
(3). The owner or operator may identify information in its previous permit or permit
application for emissions units that should remain unchanged and for which no changes
in applicable requirements have occurred and provide copies of the previous permit
or permit application for those emissions units.

(4) Quantifying Emissions:

(a) When quantifying emissions
for purposes of a permit application, modification, or renewal an owner or operator
must use the most representative data available or required in a permit condition.
DEQ will consider the following data collection methods as acceptable for determining
air emissions:

(E) Other methods and calculations
subject to Department review and approval.

(b) When continuous monitoring
or source test data has previously been submitted to and approved by DEQ for a particular
emissions unit, that information must be used for quantifying emissions. Material
balance calculations may be used as the basis for quantifying emissions when continuous
monitoring or source test data exists if it can be demonstrated that the results
of material balance calculations are more indicative of actual emissions under normal
continuous operating conditions. Emission factors or other methods may be used for
calculating emissions when continuous monitoring data, source test data, or material
balance data exists if the owner or operator can demonstrate that the existing data
is not representative of actual operating conditions. When an owner or operator
uses emission factors or other methods as the basis of calculating emissions, a
brief justification for the validity of the emission factor or method must be submitted
with the calculations. DEQ will review the validity of the emission factor or method
during the permit application review period. When an owner or operator collects
emissions data that is more representative of actual operating conditions, either
as required under a specific permit condition or for any other requirement imposed
by DEQ, the owner or operator must use that data for calculating emissions when
applying for a permit modification or renewal. Nothing in this provision requires
owners or operators to conduct monitoring or testing solely for the purpose of quantifying
emissions for permit applications, modifications, or renewals.

(5) Any application form,
report, or compliance certification submitted pursuant to this division must contain
certification by a responsible official of truth, accuracy, and completeness. This
certification and any other certification required under this division must state
that, based on information and belief formed after reasonable inquiry, the statements
and information in the document are true, accurate, and complete.

[Publications: Publications referenced
are available from the agency.]

Each permit issued under this division
must include the following elements:

(1) Emission limitations
and standards, including those operational requirements and limitations that assure
compliance with all applicable requirements at the time of permit issuance:

(a) The permit must specify
and reference the origin of and authority for each term or condition, and identify
any difference in form as compared to the applicable requirement upon which the
term or condition is based;

(b) For sources regulated
under the national acid rain program, the permit must state that, where an applicable
requirement of the FCAA or state rules is more stringent than an applicable requirement
of regulations promulgated under Title IV of the FCAA, both provisions must be incorporated
into the permit and will be enforceable by the EPA;

(c) For any alternative emission
limit established using OAR 340-226-0400, the permit must contain an equivalency
determination and provisions to ensure that any resulting emissions limit has been
demonstrated to be quantifiable, accountable, enforceable, and based on replicable
procedures.

(2) Permit duration. DEQ
will issue permits for a fixed term of 5 years in the case of affected sources,
and for a term not to exceed 5 years in the case of all other sources.

(3) Monitoring and related
recordkeeping and reporting requirements:

(a) Each permit must contain
the following requirements with respect to monitoring:

(A) A monitoring protocol
to provide accurate and reliable data that:

(i) Is representative of
actual source operation;

(ii) Is consistent with the
averaging time in the permit emission limits;

(iii) Is consistent with
monitoring requirements of other applicable requirements; and

(iv) Can be used for compliance
certification and enforcement.

(B) All emissions monitoring
and analysis procedures or test methods required under applicable monitoring and
testing requirements, including OAR 340-212-0200 through 340-212-0280 and any other
procedures and methods that may be promulgated pursuant to sections 504(b) or 114(a)(3)
of the FCAA. If more than one monitoring or testing requirement applies, the permit
may specify a streamlined set of monitoring or testing provisions provided the specified
monitoring or testing is adequate to assure compliance at least to the same extent
as the monitoring or testing applicable requirements that are not included in the
permit as a result of such streamlining;

(C) Where the applicable
requirement does not require periodic testing or instrumental or noninstrumental
monitoring (which may consist of recordkeeping designed to serve as monitoring),
periodic monitoring sufficient to yield reliable data from the relevant time period
that are representative of the source's compliance with the permit, as reported
pursuant to OAR 340-218-0050(3)(c). Such monitoring requirements must assure use
of terms, test methods, units, averaging periods, and other statistical conventions
consistent with the applicable requirement. Continuous monitoring and source testing
must be conducted using the DEQ Continuous Monitoring Manual and the Source Sampling
Manual, respectively. Other monitoring must be conducted using DEQ approved procedures.
The monitoring requirements may include but are not limited to any combination of
the following:

(E) A condition that prohibits
any person from knowingly rendering inaccurate any required monitoring device or
method;

(F) Methods used in OAR 340
division 220 to determine actual emissions for fee purposes must also be used for
compliance determination and can be no less rigorous than the requirements of OAR
340-218-0080. The compliance monitoring protocol must include the method used to
determine the amount of actual emissions;

(G) Monitoring requirements
must commence on the date of permit issuance unless otherwise specified in the permit.

(b) With respect to recordkeeping,
the permit must incorporate all applicable recordkeeping requirements and require,
where applicable, the following:

(A) Records of required monitoring
information that include the following:

(i) The date, place as defined
in the permit, and time of sampling or measurements;

(ii) The date analyses were
performed;

(iii) The company or entity
that performed the analyses;

(iv) The analytical techniques
or methods used;

(v) The results of such analyses;

(vi) The operating conditions
as existing at the time of sampling or measurement; and

(vii) The records of quality
assurance for continuous monitoring systems (including but not limited to quality
control activities, audits, calibrations drifts).

(B) Retention of records
of all required monitoring data and support information for a period of at least
5 years from the date of the monitoring sample, measurement, report, or application.
Support information includes all calibration and maintenance records and all original
strip-chart recordings for continuous monitoring instrumentation, and copies of
all reports required by the permit;

(C) Recordkeeping requirements
must commence on the date of permit issuance unless otherwise specified in the permit.

(c) With respect to reporting,
the permit must incorporate all applicable reporting requirements and require the
following:

(A) Submittal of three (3)
copies of reports of any required monitoring at least every 6 months, completed
on forms approved by DEQ. Unless otherwise approved in writing by DEQ, six month
periods are January 1 to June 30, and July 1 to December 31. The reports required
by this rule must be submitted within 30 days after the end of each reporting period,
unless otherwise approved in writing by DEQ. One copy of the report must be submitted
to the EPA, and two copies to DEQ's regional office identified in the permit. All
instances of deviations from permit requirements must be clearly identified in such
reports:

(i) The semi-annual report
will be due on July 30, unless otherwise approved in writing by DEQ, and must include
the semi-annual compliance certification, OAR 340-218-0080;

(ii) The annual report will
be due on February 15, unless otherwise approved in writing by DEQ, but may not
be due later than March 15, and must consist of the annual reporting requirements
as specified in the permit; the emission fee report; the emission statement, if
applicable, OAR 340-214-0220; the annual certification that the risk management
plan is being properly implemented, 340-218-0050; and the semi-annual compliance
certification, 340-218-0080.

(B) Prompt reporting of deviations
from permit requirements that do not cause excess emissions, including those attributable
to upset conditions, as defined in the permit, the probable cause of such deviations,
and any corrective actions or preventive measures taken. "Prompt" means within fifteen
(15) days of the deviation. Deviations that cause excess emissions, as specified
in OAR 340-214-0300 through 340-214-0360 must be reported under 340-214-0340;

(C) Submittal of any required
source test report within 30 days after the source test unless otherwise approved
in writing by DEQ or specified in a permit;

(D) All required reports
must be certified by a responsible official consistent with OAR 340-218-0040(5);

(E) Reporting requirements
must commence on the date of permit issuance unless otherwise specified in the permit.

(d) DEQ may incorporate more
rigorous monitoring, recordkeeping, or reporting methods than required by applicable
requirements in an Oregon Title V Operating Permit if they are contained in the
permit application, are determined by DEQ to be necessary to determine compliance
with applicable requirements, or are needed to protect human health or the environment.

(4) A permit condition prohibiting
emissions exceeding any allowances that the source lawfully holds under Title IV
of the FCAA or the regulations promulgated there under:

(a) No permit revision will
be required for increases in emissions that are authorized by allowances acquired
pursuant to the acid rain program, provided that such increases do not require a
permit revision under any other applicable requirement;

(b) No limit may be placed
on the number of allowances held by the source. The source may not, however, use
allowances as a defense to noncompliance with any other applicable requirement;

(c) Any such allowance must
be accounted for according to the procedures established in regulations promulgated
under Title IV of the FCAA.

(5) A severability clause
to ensure the continued validity of the various permit requirements in the event
of a challenge to any portions of the permit.

(6) Provisions stating the
following:

(a) The permittee must comply
with all conditions of the Oregon Title V Operating Permit, including keeping a
copy of the permit onsite at the source. Any permit condition noncompliance constitutes
a violation of the FCAA and state rules and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or for denial of
a permit renewal application;

(b) The need to halt or reduce
activity will not be a defense. It will not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this permit;

(c) The permit may be modified,
revoked, reopened and reissued, or terminated for cause as determined by DEQ. The
filing of a request by the permittee for a permit modification, revocation and reissuance,
or termination, or of a notification of planned changes or anticipated noncompliance
does not stay any permit condition;

(d) The permit does not convey
any property rights of any sort, or any exclusive privilege;

(e) The permittee must furnish
to DEQ, within a reasonable time, any information that DEQ may request in writing
to determine whether cause exists for modifying, revoking and reissuing, or terminating
the permit or to determine compliance with the permit. Upon request, the permittee
must also furnish to DEQ copies of records required to be kept by the permit or,
for information claimed to be confidential, the permittee may furnish such records
directly to the EPA along with a claim of confidentiality.

(7) A provision to ensure
that an Oregon Title V Operating Permit program source pays fees to DEQ consistent
with the fee schedule in OAR 340 division 220.

(8) Terms and conditions
for reasonably anticipated alternative operating scenarios identified by the owner
or operator in its application as approved by DEQ. Such terms and conditions:

(a) Must require the owner
or operator, contemporaneously with making a change from one operating scenario
to another, to record in a log at the permitted facility a record of the scenario
under which it is operating;

(b) Must extend the permit
shield described in OAR 340-218-0110 to all terms and conditions under each such
alternative operating scenario; and

(c) Must ensure that the
terms and conditions of each such alternative operating scenario meet all applicable
requirements and the requirements of this division.

(9) Terms and conditions,
if the permit applicant requests them, for the trading of emissions increases and
decreases in the permitted facility solely for the purpose of complying with the
PSELs. Such terms and conditions:

(a) Must include all terms
required under OAR 340-218-0050 and 340-218-0080 to determine compliance;

(b) Must extend the permit
shield described in OAR 340-218-0110 to all terms and conditions that allow such
increases and decreases in emissions;

(c) Must ensure that the
trades are quantifiable and enforceable;

(d) Must ensure that the
trades are not Title I modifications;

(e) Must require a minimum
7-day advance, written notification to DEQ and the EPA of the trade that must be
attached to DEQ's and the source's copy of the permit. The written notification
must state when the change will occur and must describe the changes in emissions
that will result and how these increases and decreases in emissions will comply
with the terms and conditions of the permit; and

(f) Must meet all applicable
requirements and requirements of this division.

(10) Terms and conditions,
if the permit applicant requests them, for the trading of emissions increases and
decreases in the permitted facility, to the extent that the applicable requirements
provide for trading such increases and decreases without a case-by-case approval
of each emission trade. Such terms and conditions:

(a) Must include all terms
required under OAR 340-218-0050 and 340-218-0080 to determine compliance;

(b) Must extend the permit
shield described in OAR 340-218-0110 to all terms and conditions that allow such
increases and decreases in emissions; and

(c) Must meet all applicable
requirements and requirements of this division.

DEQ will specifically designate as not
being federally enforceable any terms and conditions included in the permit that
are not required under the FCAA or under any of its applicable requirements. Terms
and conditions so designated are subject to the requirements of OAR 340-218-0040
through 340-218-0220, other than those contained in 340-218-0070. All terms and
conditions in an Oregon Title V Operating Permit are enforceable by DEQ.

DEQ will specifically designate as being
federally enforceable under the FCAA any terms and conditions included in the permit
that are required under the FCAA or under any of its applicable requirements. Federally
enforceable conditions are subject to enforcement actions by the EPA and citizens.

All Oregon Title V Operating Permits
must contain the following elements with respect to compliance:

(1) Consistent with OAR 340-218-0050(3),
compliance certification, testing, monitoring, reporting, and recordkeeping requirements
sufficient to assure compliance with the terms and conditions of the permit.

(2) A requirement that any
document (including but not limited to reports) required by an Oregon Title V Operating
Permit must contain a certification by a responsible official or the designated
representation for the acid rain portion of the permit that meets the requirements
of OAR 340-218-0040(5).

(3) Inspection and entry
requirements that require that, upon presentation of credentials and other documents
as may be required by law, the permittee must allow DEQ or an authorized representative
to perform the following:

(a) Enter upon the permittee's
premises where an Oregon Title V Operating Permit program source is located or emissions-related
activity is conducted, or where records must be kept under the conditions of the
permit;

(b) Have access to and copy,
at reasonable times, any records that must be kept under the conditions of the permit;

(c) Inspect at reasonable
times any facilities, equipment (including monitoring and air pollution control
devices), practices, or operations regulated or required under the permit; and

(d) As authorized by the
FCAA or state rules, sample or monitor at reasonable times substances or parameters
for the purpose of assuring compliance with the permit or applicable requirements.

(4) A schedule of compliance
consistent with OAR 340-218-0040(3)(n)(c).

(5) Progress reports consistent
with an applicable schedule of compliance and OAR 340-218-0040(3)(n)(c) to be submitted
at least semi-annually, or at a more frequent period if specified in the applicable
requirement or by DEQ. Such progress reports must contain the following:

(a) Dates for achieving the
activities, milestones, or compliance required in the schedule of compliance, and
dates when such activities, milestones or compliance were achieved; and

(b) An explanation of why
any dates in the schedule of compliance were not or will not be met, and any preventive
or corrective measures adopted.

(6) Requirements for compliance
certification with terms and conditions contained in the permit, including emission
limitations, standards, or work practices. Permits must include each of the following:

(a) The frequency (not less
than annually or such more frequent periods as specified in the applicable requirement
or by DEQ) of submissions of compliance certifications;

(b) Under OAR 340-218-0050(3),
a means for monitoring the compliance of the source with its emissions limitations,
standards, and work practices;

(c) A requirement that the
compliance certification include all of the following (provided that the identification
of applicable information may cross-reference the permit or previous reports, as
applicable):

(A) The identification of
each term or condition of the permit that is the basis of the certification;

(B) The identification of
the method or other means used by the owner or operator for determining the compliance
status with each term and condition during the certification period. Such methods
and other means must include, at a minimum, the methods and means required under
OAR 340-218-0050(3). If necessary, the owner or operator also must identify any
other material information that must be included in the certification to comply
with section 113(c)(2) of the FCAA, which prohibits knowingly making a false certification
or omitting material information;

(C) The status of compliance
with the terms and conditions of the permit for the period covered by the certification,
including whether compliance during the period was continuous or intermittent. The
certification must be based on the method or means designated in paragraph (6)(c)(B).
The certification must identify each deviation and take it into account in the compliance
certification. The certification must also identify as possible exceptions to compliance
any periods during which compliance is required and in which an excursion or exceedance
as defined under OAR 340-200-0020 and 40 CFR part 64 occurred; and

(D) Such other facts as DEQ
may require to determine the compliance status of the source.

(d) A requirement that all
compliance certifications be submitted to the EPA as well as to DEQ; and

(e) Notwithstanding any other
provision contained in any applicable requirement, the owner or operator may use
monitoring as required under OAR 340-218-0050(3) and incorporated into the permit,
in addition to any specified compliance methods, for the purpose of submitting compliance
certifications.

(1) DEQ may, after notice and opportunity
for public participation provided under OAR 340-218-0210, issue general permits
covering numerous similar sources in specific source categories as defined in section
(2). General permits must comply with all requirements applicable to other Oregon
Title V Operating Permits.

(2) The owner or operator
of an existing major HAP source which meets all of the following criteria may apply
to be covered under the terms and conditions of a general permit:

(a) The source is a major
source under section 112 of the FCAA only;

(b) No emissions standard
for existing sources, promulgated pursuant to section 112(d) of the FCAA or adopted
under OAR 340-244-0200 through 340-244-0220, applies to the source; and

(c) DEQ does not consider
the source to be a problem source based on its complaint record and compliance history.

(3) Notwithstanding the shield
provisions of OAR 340-218-0110, the source will be subject to enforcement action
for operation without an Oregon Title V Operating Permit if the source is later
determined not to qualify for the conditions and terms of the general permit. General
permits will not be authorized for affected sources under the national acid rain
program unless provided in regulations promulgated under Title IV of the FCAA.

(4)(a) Oregon Title V Operating
Permit program sources that would qualify for a general permit must apply to DEQ
for coverage under the terms of the general permit or must apply for an Oregon Title
V Operating Permit consistent with OAR 340-218-0040.

(b) DEQ may, in the general
permit, provide for applications which deviate from the requirements of OAR 340-218-0040,
provided that such applications meet the requirements of Title V of the FCAA and
include all information necessary to determine qualification for, and compliance
with, the general permit.

(c) Without repeating the
public participation procedures required under OAR 340-218-0210, DEQ may grant an
owner's or operator's request for authorization to operate under a general permit
if the source meets the applicability criteria for the general permit, but such
a grant will not be a final permit action for purposes of judicial review.

(5) When an emissions limitation
applicable to a general permit source is promulgated by the EPA pursuant to 112(d),
or adopted by the state pursuant to OAR 340-244-0200 through 340-244-0220, the source
must:

(a) Immediately comply with
the provisions of the applicable emissions standard; and

(b)(A) Within 12 months of
standard promulgation, apply for an operating permit, pursuant to OAR 340-218-0040,
if three (3) or more years are remaining on the general permit term; or

(B) Apply for an operating
permit at least 12 months prior to permit expiration, pursuant to OAR 340-218-0040,
if less than three (3) years remain on the general permit term.

DEQ may issue a single permit authorizing
emissions from similar operations by the same source owner or operator at multiple
temporary locations. The operation must be temporary and involve at least one change
of location during the term of the permit. An affected source may not be permitted
as a temporary source. Permits for temporary sources must include the following:

(1) Conditions that will
assure compliance with all applicable requirements at all authorized locations;

(2) Requirements that the
owner or operator notify DEQ at least ten days in advance of each change in location;

(3) Conditions that assure
compliance with land use compatibility; and

(4) Conditions that assure
compliance with all other provisions of this division.

(1) Except as provided in this division,
DEQ must expressly include in an Oregon Title V Operating Permit a provision stating
that compliance with the conditions of the permit will be deemed compliance with
any applicable requirements as of the date of permit issuance, provided that:

(a) Such applicable requirements
are included and are specifically identified in the permit; or

(b) DEQ, in acting on the
permit application or revision, determines in writing that other requirements specifically
identified are not applicable to the source, and the permit includes the determination
or a concise summary thereof.

(2) An Oregon Title V Operating
Permit that does not expressly state that a permit shield exists will be presumed
not to provide such a shield.

(3) Changes made to a permit
using OAR 340-218-0150(1)(h) and 340-218-0180 will be shielded.

(4) Nothing in this rule
or in any Oregon Title V Operating Permit may alter or affect the following:

(a) The provisions of ORS
468.115 (enforcement in cases of emergency) and ORS 468.035;

(b) The liability of an owner
or operator of a source for any violation of applicable requirements prior to or
at the time of permit issuance;

(c) The applicable requirements
of the national acid rain program, consistent with section 408(a) of the FCAA; or

(d) The ability of DEQ to
obtain information from a source pursuant to ORS 468.095 (investigatory authority,
access to records).

(a) A permit, permit modification,
or permit renewal may be issued only if all of the following conditions have been
met:

(A) DEQ has received a complete
application for a permit, permit modification, or permit renewal, except that a
complete application need not be received before issuance of a general permit under
OAR 340-218-0090;

(B) Except for modifications
qualifying for minor permit modification procedures under OAR 340-218-0170, DEQ
has complied with the requirements for public participation under OAR 340-218-0210;

(C) DEQ has complied with
the requirements for notifying and responding to affected States under OAR 340-218-0230(2);

(D) The conditions of the
permit provide for compliance with all applicable requirements and the requirements
of this division; and

(E) The EPA has received
a copy of the proposed permit and any notices required under OAR 340-218-0230(1)
and (2), and has not objected to issuance of the permit under 340-218-0230(3) within
the time period specified therein or such earlier time as agreed to with DEQ if
no changes were made to the draft permit.

(b) When a multiple-source
permit includes air contaminant sources subject to the jurisdiction of DEQ and LRAPA,
DEQ may require that it will be the permit issuing agency. In such cases, DEQ and
LRAPA will otherwise maintain and exercise all other aspects of their respective
jurisdictions over the permittee;

(c) Denial of a Permit. If
DEQ proposes to deny issuance of a permit, permit renewal, permit modification,
or permit amendment, it must notify the applicant by registered or certified mail
of the intent to deny and the reasons for denial. The denial will become effective
60 days from the date of mailing of such notice unless within that time the applicant
requests a hearing. Such a request for hearing must be made in writing to the Director
and must state the grounds for the request. Any hearing held will be conducted pursuant
to the applicable provisions of ORS Chapter 183;

(d) DEQ or LRAPA is the permitting
authority for purposes of the 18 month requirement contained in 42 USC § 7661b(c)
and this subsection. Except as provided under the initial transition plan or under
regulations promulgated under Title IV of the FCAA or under this division for the
permitting of affected sources under the national acid rain program, DEQ will take
final action on each permit application (including a request for permit modification
or renewal) within 18 months after receiving a complete application. In the case
of any complete permit application containing an early reductions demonstration
pursuant to OAR 340-244-0100, DEQ will take final action within 9 months of receipt;

(e) DEQ will promptly provide
notice to the applicant of whether the application is complete. Unless DEQ requests
additional information or otherwise notifies the applicant of incompleteness within
60 days of receipt of an application, the application will be deemed complete. For
modifications processed through minor permit modification procedures, OAR 340-218-0170(2),
DEQ will not require a completeness determination;

(f) DEQ will provide a review
report that sets forth the legal and factual basis for the draft permit conditions
(including references to the applicable statutory or regulatory provisions). DEQ
will send this report to the EPA and to any other person who requests it;

(g) The submittal of a complete
application will not affect the requirement that any source have a Notice of Approval
under OAR 340-210-0205 through 340-0210-0250 or a preconstruction permit under OAR
340 division 216 or 340 division 224;

(h) Failure of DEQ to take
final action on a complete application or failure of DEQ to take final action on
an EPA objection to a proposed permit within the appropriate time will be considered
to be a final order for purposes of ORS Chapter 183;

(i) If the final permit action
being challenged is DEQ's failure to take final action, a petition for judicial
review may be filed any time before DEQ denies the permit or issues the final permit.

(2) Requirement for a permit:

(a) Except as provided in
OAR 340-218-0120(2)(b), 340-218-0140(3), and 340-218-0170(2)(d), no Oregon Title
V Operating Permit program source may operate after the time that it is required
to submit a timely and complete application after the effective date of the program,
except in compliance with a permit issued under an Oregon Title V Operating Permit
program;

(b) If an Oregon Title V
Operating Permit program source submits a timely and complete application for permit
issuance (including for renewal), the source's failure to have an Oregon Title V
Operating Permit is not a violation of this division until DEQ takes final action
on the permit application, except as noted in this rule. This protection will cease
to apply if, subsequent to the completeness determination made pursuant to OAR 340-218-0120(1)(e),
and as required by OAR 340-218-0040(1)(b), the applicant fails to submit by the
deadline specified in writing by DEQ any additional information identified as being
needed to process the application. If the final permit action being challenged is
DEQ's failure to take final action, a petition for judicial review may be filed
any time before DEQ denies the permit or issues the final permit.

[Publications: Publications referenced
are available from the agency.]

(1) Permits being renewed are subject
to the same procedural requirements, including those for public participation, affected
state and the EPA review, that apply to initial permit issuance; and

(2) Permit expiration terminates
the source’s right to operate unless a timely and complete renewal application
has been submitted consistent with OAR 340-218-0040(1)(a)(D) and 340-218-0120(2).
If a timely and complete renewal application has been submitted, the existing permit
will remain in effect until final action has been taken on the renewal application
to issue or deny a permit.

Operational flexibility provisions allow
owners or operators to make certain changes at their facility without a permit modification.
The following sections describe the provisions and the procedures owners or operators
must follow to utilize operational flexibility:

(1) Alternative Operating
Scenarios. Owners or operators may identify as many reasonably anticipated alternative
operating scenarios in the permit application as possible and request the approval
of DEQ for incorporation of the scenarios in the permit:

(a) Alternative operating
scenarios mean the different conditions, including equipment configurations or process
parameters, under which a source can operate that:

(A) Require different terms
and conditions in the permit to determine compliance; or

(B) Trigger different applicable
requirements.

(b) Alternative operating
scenarios must be identified in the permit application, approved by DEQ; and listed
in the permit;

(c) Changes between approved
alternative operating scenarios listed in the permit can be made at any time. Owners
or operators must contemporaneously record in a log at the permitted facility any
change from one alternative operating scenario to another.

(d) Owners or operators are
not required to submit the record of changes of alternative operating scenarios
on a periodic basis but must make the record available or submit the record upon
the request of DEQ.

(e) The permit shield extends
to all alternative operating scenarios listed in the permit.

(2) Off-permit Changes. Changes
that qualify as off-permit do not require Department approval:

(a) Off-permit changes mean
changes to a source that:

(A) Are not addressed or
prohibited by the permit;

(B) Are not Title I modifications;

(C) Are not subject to any
requirements under Title IV of the FCAA;

(D) Meet all applicable requirements;

(E) Do not violate any existing
permit term or condition; and

(F) May result in emissions
of regulated pollutants subject to an applicable requirement, but not otherwise
regulated under the permit or may result in insignificant changes as defined in
OAR 340-200-0020.

(b) Off-permit changes can
be made at any time. Owners or operators must contemporaneously submit written notice
to DEQ and the EPA, except for changes that qualify as insignificant under OAR 340-200-0020.
The written notice must contain:

(A) A description of the
change;

(B) The date on which the
change will occur;

(C) Any change in emissions
within the PSELs;

(D) Regulated pollutants
emitted;

(E) Any applicable requirement
that would apply as a result of the change;

(F) Verification that the
change is not addressed or prohibited by the permit;

(G) Verification that the
change is not a Title I modification, such as an explanation that the change does
not meet any of the Title I modification criteria;

(H) Verification that the
change is not subject to any requirements under Title IV of the FCAA; and

(I) Verification that the
change does not violate any existing permit term or condition.

(c) The permittee must keep
a record describing off-permit changes made at the facility that result in emissions
of a regulated pollutant subject to an applicable requirement, but not otherwise
regulated under the permit, and the emissions resulting from those off-permit changes.

(d) Written notifications
of off-permit changes must be attached to DEQ's and the source's copy of the permit.

(e) Terms and conditions
that result from off-permit changes will be incorporated into the permit upon permit
renewal, if applicable.

(f) The permit shield of
OAR 340-218-0110 will not extend to off-permit changes.

(b) Section 502(b)(10) changes
can be made at any time. Owners or operators must submit a minimum 7-day advance,
written notification to DEQ and the EPA. The written notice must contain:

(A) A description of the
change;

(B) The date on which the
change will occur;

(C) Any change in emissions
within the PSELs;

(D) Any permit term or condition
that is no longer applicable as a result of the change;

(E) Any new terms or conditions
applicable to the change;

(F) Verification that the
change does not cause or contribute to a violation of any applicable requirements,
such as an explanation that the permit term or condition that is being contravened
is not based on an applicable requirement;

(G) Verification that the
change does not cause or contribute to an exceedance of the PSELs, such as calculations
of emissions resulting from the change in relation to the PSEL; and

(H) Verification that the
change is not a Title I modification, such as an explanation that the change does
not meet any of the Title I modification criteria.

(c) Written notifications
of section 502(b)(10) changes must be attached to DEQ's and the source's copy of
the permit.

(d) Terms and conditions
that result from section 502(b)(10) changes will be incorporated into the permit
upon permit renewal, if applicable.

(e) The permit shield does
not extend to section 502(b)(10) changes.

(4) DEQ may initiate enforcement
if a change under operational flexibility has been initiated and does not meet the
applicable operational flexibility criteria.

(b) Identifies a change in
the name, address, or phone number of the responsible official identified in the
permit, or provides a similar minor administrative change at the source;

(c) Allows for a change in
the name of the permittee;

(d) Allows for a change in
ownership or operational control of a source where DEQ determines that no other
change in the permit is necessary, provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and liability between
the current and new permittee has been submitted to DEQ;

(e) Requires more frequent
monitoring or reporting by the permittee;

(f) Allows for a change in
the date for reporting or source testing requirements for a source or emissions
unit that is temporarily shutdown or would otherwise have to be operated solely
for the purposes of conducting the source test, except when required by a compliance
schedule;

(g) Relaxes monitoring, reporting
or recordkeeping due to a permanent source shutdown for only the emissions unit
being shutdown; or

(h) Incorporates into the
Oregon Title V Operating Permit the requirements from preconstruction review permits
authorized under OAR 340 division 224 or OAR 340-210-0205 through 340-210-0250,
provided that the procedural requirements followed in the preconstruction review
are substantially equivalent to the requirements of 340-218-0120 through 340-218-0210
and 340-218-0230 that would be applicable to the change if it were subject to review
as a permit modification, compliance requirements are substantially equivalent to
those contained in 340-218-0050 through 340-218-0110, and no changes in the construction
or operation of the facility that would require a permit modification under 340-218-0160
through 340-218-0180 have taken place.

(2) Administrative permit
amendments for purposes of the national acid rain portion of the permit will be
governed by regulations promulgated under Title IV of the FCAA.

(3) Administrative permit
amendment procedures. An administrative permit amendment will be made by DEQ consistent
with the following:

(a) The owner or operator
must promptly submit an application for an administrative permit amendment upon
becoming aware of the need for one on forms provided by DEQ along with a copy of
the draft amendment;

(b) DEQ will take no more
than 60 days from receipt of a request for an administrative permit amendment to
take final action on such request, and may incorporate such changes without providing
notice to the public or affected States provided that it designates any such permit
revisions as having been made pursuant to this rule;

(c) DEQ will issue the administrative
permit amendment in the form of a permit addendum for only those conditions that
will change;

(d) DEQ will submit a copy
of the permit addendum to the EPA;

(e) The source may implement
the changes addressed in the request for an administrative amendment immediately
upon submittal of the request;

(f) If the source fails to
comply with its draft permit terms and conditions upon submittal of the application
and until DEQ takes final action, the existing permit terms and conditions it seeks
to modify may be enforced against it.

(4) DEQ must, upon taking
final action granting a request for an administrative permit amendment, allow coverage
by the permit shield in OAR 340-218-0110 only for administrative permit amendments
made pursuant to 340-218-0150(1)(h) which meet the relevant requirements of 340-218-0050
through 340-218-0240 for significant permit modifications.

(5) If it becomes necessary
for DEQ to initiate an administrative amendment to the permit, DEQ will notify the
permittee of the intended action by certified or registered mail. The action will
become effective 20 days after the date of mailing unless within that time the permittee
makes a written request for a hearing. The request must state the grounds for the
hearing. Any hearing held will be conducted pursuant to the applicable provisions
of ORS 183.

A permit modification is any revision
to an Oregon Title V Operating Permit that cannot be accomplished under DEQ's provisions
for administrative permit amendments under OAR 340-218-0150. A permit modification
for purposes of the acid rain portion of the permit will be governed by regulations
promulgated under Title IV of the FCAA.

(a) Minor permit modification
procedures may be used only for those permit modifications that:

(A) Do not violate any applicable
requirement;

(B) Do not involve significant
changes to existing monitoring, reporting, or recordkeeping requirements in the
permit;

(C) Do not require or change
a case-by-case determination of an emission limitation or other standard, or a source-specific
determination for temporary sources of ambient impacts, or a visibility or increment
analysis;

(D) Do not seek to establish
or change a permit term or condition for which there is no corresponding underlying
applicable requirement and that the source has assumed to avoid an applicable requirement
to which the source would otherwise be subject. Such terms and conditions include:

(i) A federally enforceable
emissions cap assumed to avoid classification as a Title I modification; and

(G) Are not required by OAR
340-218-0180 to be processed as a significant modification.

(b) Notwithstanding subsection
(1)(a), minor permit modification procedures may be used for permit modifications
involving the use of emissions trading and other similar approaches, to the extent
that such minor permit modification procedures are explicitly provided for in the
Oregon SIP or in applicable requirements promulgated by the EPA.

(2) Minor permit modification
procedures. A minor permit modification will be made by DEQ consistent with the
following:

(a) Application. An application
requesting the use of minor permit modification procedures must meet the requirements
of OAR 340-218-0040(3), must be submitted on forms and electronic formats provided
by DEQ, and must include the following additional information:

(A) A description of the
change, the change in emissions resulting from the change, and any new applicable
requirements that will apply if the change occurs;

(B) The source's suggested
draft permit;

(C) Certification by a responsible
official, consistent with OAR 340-218-0040(5), that the proposed modification meets
the criteria for use of minor permit modification procedures and a request that
such procedures be used; and

(D) Completed forms for DEQ
to use to notify the EPA and affected states as required under OAR 340-218-0230.

(b) EPA and affected state
notification. Within five working days of receipt of a complete minor permit modification
application, DEQ will meet its obligation under OAR 340-218-0230(1)(a) and (2)(a)
to notify the EPA and affected states of the requested permit modification. DEQ
promptly will send any notice required under OAR 340-218-0230(2)(b) to the EPA;

(c) Timetable for issuance.
DEQ will not issue a final permit modification until after the EPA's 45-day review
period or until the EPA has notified DEQ that the EPA will not object to issuance
of the permit modification, whichever is first, although DEQ can approve the permit
modification prior to that time. Within 90 days of DEQ's receipt of an application
under minor permit modification procedures or 15 days after the end of the EPA's
45-day review period under OAR 340-218-0230(3), whichever is later, DEQ will:

(A) Issue the permit modification
as proposed for only those conditions that will change;

(B) Deny the permit modification
application;

(C) Determine that the requested
modification does not meet the minor permit modification criteria and must be reviewed
under the significant modification procedures; or

(D) Revise the draft permit
modification and transmit to the EPA the new proposed permit modifications as required
by OAR 340-218-0230(1).

(d) Source's ability to make
change. The source may make the change proposed in its minor permit modification
application immediately after it files an application. After the source makes the
change, and until the permitting authority takes any of the actions specified in
paragraphs (2)(c)(A) through (C), the source must comply with both the applicable
requirements governing the change and the draft permit terms and conditions. During
this time period, the source need not comply with the existing permit terms and
conditions it seeks to modify. However, if the source fails to comply with its draft
permit terms and conditions during this time period, the existing permit terms and
conditions it seeks to modify may be enforced against it;

(e) DEQ may initiate enforcement
if the modification has been initiated and does not meet the minor permit modification
criteria;

(f) Permit shield. The permit
shield under OAR 340-218-0110 does not extend to minor permit modifications.

(1) Criteria. Significant modification
procedures must be used for applications requesting permit modifications that do
not qualify as minor permit modifications or as administrative amendments. Significant
modifications must include:

(c) Every relaxation of reporting
or recordkeeping permit terms or conditions;

(d) Incorporation into the
Oregon Title V Operating Permit the requirements from pre-construction review permits
authorized under OAR 340 division 224 unless the incorporation qualifies as an administrative
amendment;

(e) Incorporation into the
Oregon Title V Operating Permit the requirements from preconstruction review permits
authorized under OAR 340-210-205 through 340-210-0250 unless otherwise specified
in 340-218-0190(2); and

(f) Nothing herein may be
construed to preclude the permittee from making changes consistent with this division
that would render existing permit compliance terms and conditions irrelevant.

(2) Significant permit modifications
will be subject to all requirements of this division, including those for applications,
public participation, review by affected States, and review by the EPA, as they
apply to permit issuance and permit renewal.

(3) Major modifications,
as defined in OAR 340-200-0020, require an ACDP under OAR 340 division 224.

(4) Constructed and reconstructed
major hazardous air pollutant sources are subject to OAR 340 210-0205 through 340-210-0250
and 340-244-0200.

(1) Notice of Approval. The owner or
operator of a major stationary source must obtain approval from DEQ prior to construction
or modification of any stationary source or air pollution control devices using
OAR 340-210-0205 through 340-210-0250.

(2) Incorporation into an
Oregon Title V Operating Permit:

(a) Where an Oregon Title
V Operating Permit would allow incorporation of such construction or modification
as an off-permit change (OAR 340-218-0140(2)) or a FCAA section 502(b)(10) change
(340-218-0140(3)):

(A) The owner or operator
of the stationary source or air pollution control device listed in section (1) must
submit to DEQ the applicable notice; and

(B) DEQ will incorporate
the construction or modification at permit renewal, if applicable.

(b) Where an Oregon Title
V Operating Permit would allow incorporation of such construction or modification
as an administrative amendment (OAR 340-218-0150), the owner or operator of the
stationary source or air pollution control device listed in section (1) may:

(A) Submit the permit application
information required under OAR 340-218-0150(3) with the information required under
OAR 340-210-0225(2) upon becoming aware of the need for an administrative amendment;
and

(B) Request that the external
review procedures required under OAR 340-218-0210 and 340-218-0230 be used in addition
to the public notice procedures of OAR 340 division 209 for Category III permit
actions to allow for subsequent incorporation of the construction permit as an administrative
amendment.

(c) Where an Oregon Title
V Operating Permit would require incorporation of such construction or modification
as a minor permit modification (OAR 340-218-0170) or a significant permit modification
(340-218-0180), the owner or operator of the stationary source or air pollution
control device listed in section (1) must submit the permit application information
required under 340-218-0040(3) within one year of initial startup of the construction
or modification, except as prohibited in paragraph(2)(d).

(d) Where an existing Oregon
Title V Operating Permit would prohibit such construction or change in operation,
the owner or operator must obtain a permit revision before commencing operation.

NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.

(a) Each issued permit must
include provisions specifying the conditions under which the permit will be reopened
prior to the expiration of the permit. A permit will be reopened and revised under
any of the following circumstances:

(A) Additional applicable
requirements under the FCAA or state rules become applicable to a major Oregon Title
V Operating Permit program source with a remaining permit term of 3 or more years.
Such a reopening will be completed not later than 18 months after promulgation of
the applicable requirement. No such reopening is required if the effective date
of the requirement is later than the date on which the permit is due to expire,
unless the original permit or any of its terms and conditions has been extended
pursuant to OAR 340-218-0130;

(B) Additional requirements
(including excess emissions requirements) become applicable to an affected source
under the national acid rain program. Upon approval by the EPA, excess emissions
offset plans will be deemed to be incorporated into the permit;

(C) DEQ or the EPA determines
that the permit contains a material mistake or that inaccurate statements were made
in establishing the emissions standards or other terms or conditions of the permit;

(D) DEQ or the EPA determines
that the permit must be revised or revoked to assure compliance with the applicable
requirements;

(E) DEQ determines that the
permit must be revised or revoked to assure compliance with the ambient air quality
standards.

(b) Proceedings to reopen
and issue a permit must follow the same procedures as apply to initial permit issuance
and affect only those parts of the permit for which cause to reopen exists. Such
reopening will be made as expeditiously as practicable;

(c) Reopenings under subsection
(1)(a) may not be initiated before a notice of such intent is provided to the source
by DEQ at least 30 days in advance of the date that the permit is to be reopened,
except that DEQ may provide a shorter time period in the case of an emergency.

(2) Reopening for cause by
the EPA:

(a) DEQ will, within 90 days
after receipt of a notification from the EPA of reopening for cause, forward to
the EPA a proposed determination of termination, modification, or revocation and
reissuance, as appropriate. The EPA may extend this 90-day period for an additional
90 days if the EPA finds that a new or revised permit application is necessary or
that the permittee must submit additional information;

(b) DEQ will have 90 days
from receipt of an EPA objection to resolve any objection that the EPA makes and
to terminate, modify, or revoke and reissue the permit in accordance with the EPA's
objection or determine not to reissue the permit in accordance with the EPA's objection;

(c) DEQ will provide at least
30 days' notice to the permittee in writing of the reasons for any such action and
provide an opportunity for a hearing;

(d) Proceedings to terminate,
revoke, or modify and reissue a permit initiated by the EPA must follow the same
procedures as apply to initial permit issuance and affect only those parts of the
permit for which cause to reopen exists. Such reopening will be made as expeditiously
as practicable by DEQ.

(1) Except for modifications qualifying
for minor permit modification procedures and administrative amendments, all permit
proceedings, including initial permit issuance, significant modifications, Notice
of Construction and Approval of Plans when there is an increase of emissions above
the PSEL, and renewals, must provide adequate procedures for public notice including
offering an opportunity for public comment and a hearing on the draft permit using
the procedures in OAR 340 division 209 for Category III permit actions.

(2) Any person who submitted
written or oral comments during the public participation process described in OAR
340 division 209 will be an adversely affected or aggrieved person for purposes
of ORS 183.484.

(1) A final permit issued by DEQ will
become effective upon the date it was signed by the Air Quality Division Administrator
or his or her designated representative, unless the applicant requests a hearing
before the EQC or its authorized representative. A final permit issued by LRAPA
will become effective upon the date it was signed by the LRAPA Director or his or
her designated representative, unless the applicant requests a hearing before LRAPA's
Board of Directors.

(2) The request for hearing
must be in writing within 20 days of the date of mailing of the notification of
issuance of the permit. The applicant must specify which permit conditions are being
challenged and why, including each alleged factual or legal objection.

(3)(a) Permit conditions
that are not contested, including any conditions that are severable from those contested,
will remain in effect upon the date the permit was signed by the Air Quality Division
Administrator or the LRAPA Director;

(b) Upon such request for
review, the effect of the contested conditions, as well as any conditions that are
not severable from those contested, will be stayed only upon a showing that, during
the pendency of the appeal, compliance with the contested conditions would require
substantial expenditures or losses that would not be incurred if the applicant prevails
on the merits of the review; and also that there exists a reasonable likelihood
of success on the merits. DEQ may require that the contested conditions not be stayed
if it finds that substantial endangerment of public health or welfare would result
from the staying of the conditions. DEQ must deny or grant the stay within 30 days.

(4) If an applicant requests
a hearing pursuant to this section, then any adversely affected or aggrieved person,
as those terms have been construed under ORS Chapter 183, may petition the EQC to
be allowed to intervene in the contested case hearing to challenge any permit condition.
This petition must be in writing and must be filed with the EQC at least 21 days
before the date set for hearing. The petition must specify which permit conditions
are being challenged and the reasons for those challenges, including each alleged
factual or legal objection.

(5) Any hearing held under
this section will be conducted pursuant to the applicable provisions of ORS Chapter
183 and OAR 340 division 11.

(a) DEQ will provide to the
EPA a copy of each permit application (including any application for permit modification),
each proposed permit except when a draft permit has been submitted and the EPA determines
that the submittal of the draft permit is adequate, and each final Oregon Title
V Operating Permit;

(b) The requirements of OAR
340-218-0230(1)(a) and (2)(a) may be waived for any category of sources (including
any class, type, or size within such category) other than major sources if allowed
by the EPA;

(c) DEQ will keep for 5 years
such records and submit to the EPA such information as the EPA may reasonably require
to ascertain whether DEQ program complies with the requirements of the FCAA or state
rules or of this division.

(2) Review by affected states:

(a) DEQ will give notice
of each draft permit to any affected State on or before the time that DEQ provides
this notice to the public under OAR 340-218-0210, except to the extent that 340-218-0170
requires the timing of the notice to be different;

(b) DEQ, as part of the submittal
of the proposed permit to the EPA (or as soon as possible after the submittal for
minor permit modification procedures allowed under OAR 340-218-0170), will notify
the EPA and any affected State in writing of any omission by DEQ of any recommendations
for the proposed permit that the affected State submitted during the public or affected
State review period. The notice will include DEQ's reasons for not accepting any
such recommendation. DEQ is not required to accept recommendations that are not
based on applicable requirements or the requirements of this division.

(3) EPA objection:

(a) No permit for which an
application must be transmitted to the EPA under section (1) may be issued as drafted
if the EPA objects to its issuance in writing within 45 days of receipt of the proposed
permit and all necessary supporting information or such earlier time as agreed to
by the EPA;

(b) DEQ will, within 90 days
after the date of an objection under subsection (3)(a), revise and submit a proposed
permit in response to the objection, or determine not to issue the permit;

(c) If DEQ determines not
to issue the permit, notice of the determination will be provided to the source
by certified or registered mail.

(4) Public petitions to the
EPA:

(a) If the EPA does not object
in writing under section (3), any person may petition the EPA within 60 days after
the expiration of the EPA's 45-day review period to make such objection. Any such
petition must be based only on objections to the permit that were raised with reasonable
specificity during the public comment period provided for in OAR 340-218-0210, unless
the petitioner demonstrates that it was impracticable to raise such objections within
such period, or unless the grounds for such objection arose after such period;

(b) If the EPA objects to
the permit as a result of a petition filed under this section, DEQ may not issue
the permit until the EPA's objection has been resolved, except that a petition for
review does not stay the effectiveness of a permit or its requirements if the permit
was issued after the end of the 45-day review period and prior to an EPA objection;

(c) If DEQ has issued a permit
prior to receipt of an EPA objection under OAR 340-218-0230, the EPA will modify,
terminate, or revoke such permit, and must do so consistent with the procedures
in 340-218-0200(2)(b) except in unusual circumstances, and DEQ may thereafter issue
only a revised permit that satisfies the EPA's objection. In any case, the source
will not be in violation of the requirement to have submitted a timely and complete
application.

(5) Prohibition on default
issuance. DEQ may not issue an Oregon Title V Operating Permit (including a permit
renewal or modification) until affected States and the EPA have had an opportunity
to review the proposed permit as required under this rule.

(1) Whenever it appears to DEQ that
any activity in violation of a permit that results in air pollution or air contamination
is presenting an imminent and substantial endangerment to the public health, DEQ
may enter a cease and desist order pursuant to ORS 468.115 or seek injunction relief
pursuant to 468.100.

(2)(a) Whenever DEQ has good
cause to believe that any person is engaged in or about to engage in acts or practices
that constitute a violation of any part of the stationary source air permitting
rules or any provision of a permit issued pursuant to these rules, DEQ may seek
injunctive relief in court to enforce compliance thereto or to restrain further
violations;

(b) The proceedings authorized
by subsection (a) may be instituted without the necessity of prior agency revocation
of the permit or during a permit revocation proceeding if one has been commenced.

(3) In addition to the enforcement
authorities contained in sections (1) and (2) and any other penalty provided by
law, any person who violates any of the following will incur a civil penalty as
authorized under ORS 468.140 and established pursuant to OAR 340 division 12:

(a) Any applicable requirement;

(b) Any permit condition;

(c) Any fee or filing requirements;

(d) Any duty to allow or
carry out inspection, entry or monitoring activities; or

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
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